By William J. Ford
House Speaker Adrienne Jones (D-Baltimore County) has appointed two House Judiciary Committee members, Dels. J. Sandy Bartlett (D-Anne Arundel) and N. Scott Phillips (D-Baltimore County), to the commission. Two other members, the secretaries of Human Services and Juvenile Services, are named in the law that created the panel.
Nearly every state considered changes in juvenile age limits, detention or education programs.
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For decades, state legislators and criminal justice advocates have worked to change the juvenile legal system, striving to expand access to rehabilitation and keep young people from returning to crime.
During this year’s legislative session, nearly every state has considered some form of juvenile justice legislation, according to a National Conference of State Legislatures database.
These efforts across at least 43 states plus Washington, D.C., have seen varied levels of success and come from a diversity of viewpoints. Some legislatures considered policies that would create alternatives to incarcerating teens, while others debated bills that would toughen potential penalties for kids as young as 10 years old. Criminal justice advocates warn that strict new policies could roll back previous overhauls of the system.
Senator says the measure brings “massive repercussions,” complicated jurisdiction and legal questions
Teens as young as 14 years old who commit serious crimes in Tennessee will face up to five years of adult incarceration or probation once their juvenile sentence ends under a bill now awaiting Gov. Bill Lee’s likely signature.
The measure also requires juvenile court judges to automatically transfer 16- and 17- year olds facing first and second degree murder, or attempted murder, to adult court.
By William Ford
A Senate panel recommended several changes Wednesday to resolve differences on separate juvenile justice reform bills that have been moving through the General Assembly.
The Senate Judicial Proceedings Committee advanced House Bill 814 to the full Senate with a few provisions that coincide with the Senate version of the legislation — including that children ages 10 to 12 could be sent to juvenile court if charged for a third-degree sex offense, aggravated animal cruelty and certain firearm offenses.
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Louisiana legislative leaders are giving thought to withdrawing money from a state savings account to build and refurbish juvenile justice facilities around the state.
Rep. Julie Emerson, R-Carencro, filed legislation this week to allow lawmakers to withdraw up to $400 million from Louisiana’s Revenue Stabilization Trust Fund before July 1, 2025. Juvenile justice campuses would be prioritized if they tap into the money, said House Speaker Phillip DeVillier, R-Eunice, and state Rep. Jack McFarland, R-Jonesboro.
Respective committees from each chamber must now review some of the differences in House Bill 814 and Senate Bill 744 such as when the legislation goes into effect, specific diversionary programs for children ages 10 to 12, and who would serve on a Commission on Juvenile Justice Reform and Emerging and Best Practices.
If lawmakers pass the legislation with what advocates call “regressive provisions,” then Gov. Wes Moore (D) should veto the bills when they come to his desk, the advocates said Thursday.
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The Administration of Criminal Justice Committee approved the proposed legislation 13-1 Wednesday, just one day after a Senate committee greenlit a bill that would lower the age teens can be tried as adults from 18 to 17.
House Bill 1 by Rep. Tony Bacala, R-Prairieville, would create a “Truth and Transparency” program to require clerks of court to provide public electronic access to some criminal court records of teenagers accused of serious crimes, including their names.
The public information would include but not be limited to the name of the defendant, arrest details, custody or bail decisions, and court dates, among other facts associated with the case.
Most youth criminal case records are currently confidential in Louisiana.
A similar bill introduced last year by Rep. Debbie Villio was dogged by accusations of racism as it proposed a two-year pilot program focusing on three majority-Black parishes: Caddo, East Baton Rouge and Orleans. Last year’s bill passed the House but ultimately died in the Senate; the bill lacked funding to enable parishes to implement the initiative. Bacala said his new bill will be funded through a fee collected by the Louisiana Clerks Remote Access Authority.
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“These juveniles are not innocent children any longer; they are hardened criminals,” Landry said during his comments before the Legislature. “They violently attack our citizens, our law enforcement officers, and even our juvenile correction officers without hesitation.”
During the debate on Bacala’s bill, supporters of the measure included the mothers and grandmothers of crime victims who were fatally shot or left permanently disabled. Sheralyn Price, whose son Brandon “Boogie B” Montrell was shot to death in 2022, pushed back against those who voiced concerns about privacy.
“If your kid’s name is splattered all over the internet, you won’t have to pick out a casket. You won’t have to plan a funeral,” Price told committee members. “My child is dead. … I buried him in the last gift I gave him for Christmas, his Saints jersey.”
In 2019, Darrelle Scott, was shot and paralyzed by 13-year-old Lynell Reynolds, who was later found guilty and sentenced to remain in state custody until the age of 21. Scott’s grandmother, Dorothy White, told lawmakers that making the public aware of the extensive criminal histories of juveniles might spare someone from suffering the same fate as Scott.
“We must hold these juveniles accountable,” White said during Wednesday’s hearing. “This is not about Black and white. It’s not about Democrats and Republicans. It’s about our lives, our safety. We have to go out and tell the public. We need to put the names out. We need the faces out.”
Opponents of Bacala’s bill warned that the goal of the criminal justice system is to rehabilitate juveniles. The bill’s critics argued that publicizing the names of young defendants, especially of those later found to be innocent, will make it harder, if not impossible for them to get a job, housing, or even go to college.
“For juveniles who are adjudicated and are not convicted, that has an extremely serious impact on them in their future,” said Sarah Whittington, an attorney with the Justice and Accountability Center. “It is not the same as losing a child. It is not the same as losing a family member. I am not making that correlation. But it will follow that child forever.”
Others noted that the law already requires the courts and district attorneys to provide information to victims and their families, but in many cases they are failing to do so. Instead of passing legislation that might harm children, the state should ensure that prosecutors are following the existing law, said Natalie Sharp, an investigator with the Promise of Justice Initiative.
“I recently spoke with a person whose brother was shot and killed in the 1990s. They never even knew that an arrest had been made, let alone that someone had been incarcerated for decades,” Sharp said. “The prosecutor never took the time to speak with them.”
Despite later voting in favor of Bacala’s proposal, Rep. Alonzo Knox, D-New Orleans, said the bill would not prevent or deter crime. Knox warned that publicizing the names of youths suspected of shooting or killing someone could lead to retaliation, causing “chaos in the streets.”
“I think that’s an unintended consequence, that many of my colleagues sitting up here don’t know and realize about our community,” Knox said, referring to the majority-white committee. “And when I say our community, let me specify and be clear if there’s any doubt: in my Black community, in my district of New Orleans. When this goes out, and someone’s actually not guilty, we’re going to have some serious unintended consequences.”
Bacala defended his bill as being about one thing: transparency.
“If I have a son or daughter who’s murdered, and someone is arrested who happens to be a juvenile, should I have the ability to see what’s happening with the case?” Bacala said.
Ashley Hamilton, director of policy with the Louisiana Center for Children’s Rights, rejected Bacala’s argument, saying the public’s money would be better spent on programs helping disadvantaged children who might resort to violence.
Hamilton told the committee members she spoke from experience, noting that yesterday would have been her sister’s 31st birthday.
In 2021, Hamilton’s sister was murdered. Knowing the killer’s identity has not brought her family any comfort, Hamilton said.
“What does bring me comfort is being in a community, with organizations … working tooth and nail with limited resources to ensure disadvantaged children have the support they need to prevent things like this from happening, and to build healthy and productive adults. Any money we have, put it there.”
Rep. Joy Walters, D-Shreveport, was the lone vote against the bill.
This article originally appeared in Verite on February 22nd, 2024.
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